Filing for bankruptcy is a major financial decision, and many married individuals wonder whether they can pursue bankruptcy on their own without involving their spouse. In New Jersey, you can file bankruptcy without your spouse—but whether you should depends on your financial circumstances, the type of debts you hold, and how filing may impact your household.

At Carroll Law Firm, P.C., we assist individuals in Hammonton and surrounding communities with understanding their bankruptcy options and protecting their financial future.

Can You File Bankruptcy Individually in New Jersey?

Yes. New Jersey allows married individuals to file bankruptcy without their spouse. This is known as a single-filer bankruptcy. Many people choose this route when only one spouse holds significant debt or when one spouse wishes to preserve their credit.

However, even if you file alone, certain financial information involving your spouse may still be required.

When Your Spouse’s Income Still Matters

In a single filing, the bankruptcy court will review household income, which includes your spouse’s income, to determine whether you qualify for Chapter 7 or must file under Chapter 13.

This does not make your spouse a co-filer—it simply helps the court assess your ability to repay debts.

How Joint Debts Are Treated

If both spouses’ names appear on a debt—such as a joint credit card, medical bill, or loan—filing alone does not protect your spouse from collection efforts. Your bankruptcy may eliminate your obligation, but creditors could still pursue your spouse for repayment.

If most of your debts are joint, filing together may be more beneficial.

Does Your Spouse’s Credit Get Affected?

Your spouse’s credit report will not be impacted by your bankruptcy filing unless you share joint debts. Their separate credit accounts remain unaffected.

Reasons Someone Might File Without Their Spouse

• Only one spouse is responsible for the debt
• The couple wishes to preserve one spouse’s credit score
• The spouses maintain mostly separate finances
• One spouse has already filed bankruptcy in the past and is ineligible to file again
• The couple wants to manage asset exemptions strategically

Is Filing Alone the Best Choice?

Every situation is unique. Filing without your spouse may help protect assets or preserve credit, but it may also expose the non-filing spouse to liability for joint debts.

Speaking with a bankruptcy attorney can clarify which path offers the best protection for your household.

At Carroll Law Firm, P.C., we help Hammonton residents understand their options and make informed decisions about personal debt relief.